Using Religion to Discriminate

With increasing frequency, individuals and institutions are attempting to claim a right to refuse to provide services or care based on religious objections. For instance, religiously affiliated hospitals could refuse to perform medically necessary abortions for pregnant women in life-threatening situations, or a landlord could refuse to rent to a family simply because they are Muslim. Through litigation, advocacy and public education, the ACLU works to defend religious liberty and protect people of all faiths from religious discrimination. Learn more >>

Yesterday, the ACLU and the ACLU of New Mexico filed an amicus brief in Elane Photography, LLC v. Willock, an important antidiscrimination case pending before the New Mexico Supreme Court. Elane Photography is a wedding photography studio that advertises its services to the general public but refuses to take pictures for wedding or commitment ceremonies involving same-sex couples. New Mexico is one of 21 states (plus the District of Columbia) that prohibit businesses who hold themselves out to the general public from discriminating against customers based on their sexual orientation. But Elane Photography argues that the law cannot be applied to its services because – unlike the services provided by a restaurant or retail store – photography is a form of expression and forcing Elane Photography to provide services on an equal basis would therefore unconstitutionally “compel speech.”

When Christian educator Bill Jack ordered a cake last year from Azucar, a Denver bakery, he had a special decoration request for owner Marjorie Silva. He wanted the cake to say "God Hates Gays" with a drawing to match. Silva refused, and now she's…

Emily Herx never imagined that she could lose her job for trying to get pregnant. But after working for more than seven years as a literature and language arts teacher at a Catholic school in Indiana, she was shocked to learn that her teaching contract…

Across the country teachers at religiously affiliated schools are being fired for their reproductive choices. What’s worse, the schools are unapologetic, claiming they have the right to discriminate because of their religious beliefs.

Today, we filed suit in federal court on behalf of Jennifer Maudlin, a single mother who was fired when her employer learned that she was pregnant. Jennifer's employer – a religiously-affiliated community organization called Inside Out – says that…

Regardless of whether you have been pregnant or not, chances are you can recite the long list of things to avoid in pregnancy: alcohol, caffeine, cigarettes, deli meats, unpasteurized cheese, and the list go on.

Imagine a police officer refusing to guard a Sikh temple, give a presentation on safety and crime prevention at a Catholic elementary school, conduct foot patrols in a neighborhood with a large Orthodox Jewish population, or come to the aid of an injured…